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SEC. 1473. From and after the passage of this act, the securities

be complied

released from

made of mlad

on the bonds of any administrator, executor, curator or tutor, in any 1859–174. parish in this State, shall have the right to be released from any Formalities to further liability on said bond, by causing their principal to be cited with by sureties into the District or Parish Court, in the parish where the parties who wish to be reside, by petition setting forth their fears that said administrator, certam Londs. executor, curator or tutor, is mismanaging the estate under his charge, and that they are in danger of being injured seriously by his conduct, and praying that he shall be required to give new security. SEC. 1474. On due proof being made of maladministration by such administrator, executor, curator or tutor, thus cited, the court On proof being shall require him to give a new bond with other sufficient security ministration, for the faithful administration of the said estate, and upon failure to principa! bound do so within three days after such order, he shall be forthwith bond; otherwise removed from the administration thereof, and the judge shall pro- and another adceed at once to the appointment of another administrator, executor, ministrator, curator or tutor, who shall be required to give security in manner in his place. and form as now required by law, and, this being done, the former securities on the bond shall be released from all liability for any Release of the maladministration of such administrator, executor, curator or tutor, sureties, when it takes place. from and after the execution of the new bond with security, as aforesaid.

to furnish new

to be removed

etc., appointed

by whom made.

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SEC. 1475. All sales of property of succession, of property belonging to minors, or in which minors are interested, of property of inter- 1865-20-Extra dicted persons and property surrendered, made pursuant to an order session. or decree of any court of this State, may be made either by the Extrales. sheriff or by an auctioneer of the parish or city in which such sale is to be made, or by the representatives of successions, by tutors of minors, by curators of interdicted persons, or by syndics of insolvents, as the case may be; and it shall be the duty of the court ordering the sale to direct that the same be made by the sheriff, or by such auctioneer as shall be selected by the parties, or by representatives of the succession, the tutors of the minors, the curator of interdicted persons, and the syndic of the insolvent, as the case may be.

ecutors, when

SEC. 1476. No suit shall be instituted against any security on any 1866-42. appeal bond, nor on the bond of any administrator, tutor, curator, Suits against ex executor or syndic, until the necessary steps shall have been taken instituted. to enforce payment against the principal.

SEC. 1477. Article sixteen hundred and seventy of the Civil Code 1868-117. of the State of Louisiana be and the same is hereby amended and Art. 1670, C. C. re-enacted so as to read as follows, to wit:

Testamentary

bonds in certain

The testamentary executor is not bound to accept the executor- executor not reship, nor to give security when he does accept it, unless there should quired to g ve be debts due by the succession, or property in possession thereof, cases. claimed by other persons.

quired.

Any person having a claim for money against the succession, or claiming the ownership of specific property in possession thereof, Cases wherein whether such claim be liquidated or not, can compel the testa- bonds are rementary executor to give security for an amount exceeding by onefourth the amount of money on the appraised value of the property claimed.

oath of amount

For this purpose he shall present in open court or in chambers, to the judge of the court of probates wherein the succession has been Settlement on opened, his petition, alleging under oath the sum due him or his due claimant. ownership of the property described.

Judge shall

order the securi

thirty days.

It shall be the duty of the judge, without further proceeding or delay to issue his order commanding the testamentary executor to ty to be given in give the required security within thirty days from the service of the order. Should the testamentary executor, if present in the parish, or in his absence, his agent or attorney at law, fail to furnish the required security within the delay allowed, it shall ipso facto work an immediate removal of the testamentary executor, and the judge shall appoint a dative testamentary executor.

Security not to

exceed by more

than one-fourth

amount of inventory.

But the testamentary executor shall not be required to give security for an aggregate sun exceeding one-fourth over and above the amount of the inventory, bad debts deducted, and the securities may be furnished from any part of the State; and no proceeding under this article shall decide in any manner the merit of the claim against the succession.

EXECUTORY PROCESS.

1866-167-1.

Arts. 746 and 747, C. P.

SEC. 1478. So much of articles seven hundred and forty-six and seven hundred and forty-seven, as authorizes a creditor having obtained a judgment in another State of the Union, or in a foreign country, to proceed by executory process on the judgment, is repealed.

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1855-82.

Expropriation of lands of in

dividuals, how made.

TO PROVIDE FOR THE EXPROPRIATION OF Quantity of land which may be ex

LANDS FOR RAILROADS AND OTHER
WORKS OF PUBLIC UTILITY.

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Expropriation of lands of individ

.1486

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Judgments expropriating land to

Claim for damages, when pre

......1479

..1480

.1481

scribed ...
Proceedings to be had in assessing

damages......

A jury of freeholders to be sum-
moned

Damages, how assessed by the jury. 1482
Appeal not to suspend execution..1483
Manner of proceeding against ab-
sent persons...

.1484

be valid against all persons.....1487 Costs, when to be paid by the owner of the land...... ..1488 Preference in District Courts..... 1489 Preference in Supreme Court......1490 Mortgages, etc., on property expropriated School house sites. Suit by land holder

1491

.1492

.1493

TO PROVIDE FOR THE EXPROPRIATION OF LANDS FOR RAILROADS AND OTHER
WORKS OF PUBLIC UTILITY.

SEC. 1479. Whenever any corporation, constituted under the laws of this State, for the construction of a railroad, plank road, turnpike road, or a canal for navigation, or for the purpose of transmitting intelligence by magnetic telegraph, can not agree with

the owner of any land which may be wanted, for its purchase, it shall be lawful for such corporation to apply by petition to the judge of the District Court in which such land may be situated, or if it extends, into two districts to the judge of the district in which the owner thereof resides, and if the owner does not reside in either district, then to the judge of either district, describing the lands necessary for their purposes, with a plan of the same, and a statement of the improvements thereon, if any, and the name of the owner thereof, if known and present in the State, with a prayer that the land be adjudged to such corporation, upon the payment to the owner of all such damages as he may sustain in consequence of the expropriation of his land for such public work. All claims for land, Claim for damor damages to the owner, caused by its expropriation for the ages, when preconstruction of any public works, shall be barred by two years' prescription, which shall commence to run from the date at which the land was actually occupied and used for the construction of the works.

scribed.

be had in assessing damages.

SEC. 1480. On presentation of such petition to the judge, it shall be his duty to indorse thereon an order directing the clerk of the Proceedings to court to give notice to the owner according to law. The clerk shall thereupon issue a copy of the petition and order, together with a notice of the time at which a jury will be impanneled to assess the value of the land described in the petition, to the sheriff, who shall make service and return thereof as in ordinary cases.

summoned.

SEC. 1481. Immediately after the order shall have been made by the judge, it shall be the duty of the clerk and sheriff to make a list A jury of freeof forty-eight freeholders, residents of the parish in which the land holders to be lies, and not interested in the issue to be tried; from which list twenty-four shall be drawn and summoned to attend, on the tenth day after the date of the summons, or if that day be one of public rest, on the eleventh day after the date, and from the twenty-four freeholders, a jury shall be impanneled, which shall, by a verdict in which at least three-fourths of their number shall concur, determine, after hearing the parties and their evidence, what is the value of the land described in the petition with its improvements, and what damages, if any, the owner would sustain in addition to the loss of the land by expropriation. In impanneling the jury, either party may challenge for cause, but no peremptory challenge shall be allowed.

SEC. 1482. In estimating the value of the property to be expropriated, the basis of assessment shall be the true value which the Damages, how land possessed before the contemplated improvement was proposed, assessed by the and without deducting therefrom any amount for the benefit derived by the owner for the contemplated improvement or work.

jury.

tion.

SEC. 1483. Any appeal to the Supreme Court from the verdict of the jury and judgment of the lower court, made by either party, Appeal not to shall not suspend the execution of such judgment, but the payment suspend execu of the amount of the verdict by the company to the owner, or the deposit thereof, subject to the owner's order, in the hands of the sheriff, shall entitle the corporation to the right, title and estate of the owner in and to the land described in the petition in the same manner as a voluntary conveyance would do. But in the event of any change being made by the final decree in the decision of the cause, the corporation shall be bound to pay the additional assessment, or be entitled to recover back the surplus paid, as the case may be.

ceeding against absent persons.

SEC. 1484. If the owner of any lands required for works of Manner of pro- public utility be unknown or absent, and have left no known agent in the State, it shall be the duty of the court to appoint a curator ad hoc to represent and act for such owner; and the price which he may be entitled to receive shall be deposited in the State treasury, subject to his order; the receipt of the State Treasurer for the price shall vest the title in the corporation paying for the land, in the same manner as if it were paid to the owner in person.

which may be

expropriated.

SEC. 1485. If any owner shall be of opinion that the quantity Quantity of land of land sought to be purchased by any corporation exceeds that which is reasonably necessary for the purpose intended by the company, it shall be lawful for him to file a special plea, setting forth this fact, and in such case the jury shall determine not only the value of the land to be expropriated, but also the extent of land over which the company may exercise the force expropriation; the whole always subject to the decision of the Supreme Court on appeal.

Exceptions to

propriation.

SEC. 1486. The right of expropriation shall in no case extend to graveyards, nor the dwelling house, yard, garden and other appurthe right of ap- tenances thereof, unless the jury shall find, by their verdict, that the line of the proposed railroad or canal can not be diverted from that proposed by the company without great public loss or inconvenience. SEC. 1487. If a tender be made by any corporation of the true propriating land value of the land to the owner thereof, before proceeding to a forced against all per- expropriation, the costs of such proceedings shall be paid by the

Judgments ex

to be valid

sons.

Costs, when to

owner.

SEC. 1488. All judgments directing the expropriation of lands be paid by the to corporations shall be valid against all persons, married women, minors, or persons interdicted.

owner of the

land.

1869-113,

Preference in

SEC. 1489. Whenever proceedings for the expropriation of land or other property for the use of any corporation or public work shall be stayed by injunction of any court of this State, the suit District Courts. shall have preference in the District Court over all other cases, except those in which the State is a party, and shall be fixed for trial on motion of either party as soon as issue shall be joined.

Preference in

SEC. 1490. In case any appeal shall be taken to the Supreme Court from any judgment or order in such suit the said appeal shall Supreme Court. be made returnable within fifteen days, and shall be taken up and tried in the Supreme Court by preference over all cases except those in which, the State being a party, preference is already given by

propriated.

law.

SEC. 1491. Whenever any immovable property which is incumMortgages, etc., bered with mortgages or privileges of any kind, whether convenon property ex- tional, legal or judicial, shall be expropriated by any corporation, the same shall pass to such corporation free and clear of all incumbrances, but the amount decreed to be paid therefor shall be paid by such corporation into the court by which the expropriation shall be made, and shall be a fund to be distributed to the mortgaged and privileged creditors according to their priority.

1869-175.

School house sites.

SEC. 1492. Where lands shall be required for erection of a school house or for enlarging a school house lot, and the owner thereof shall refuse to sell the same for a reasonable compensation, the District Board of School Directors shall have the power to select and possess such sites embracing space sufficiently extensive to answer the purpose of school house and grounds.

holder.

SEC. 1493. Should such land holder deem the sum assessed too small, he shall have the right to institute suit before any proper Suit by landjudicial tribunal for his claim, but the title shall pass from him to the school corporation.

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1855-310. Persons having contradictory interests with

SEC. 1494. Any person who shall have contradictory interests with those of a minor, in any matter in which a family meeting may the minor inbe necessary, shall be incompetent to be a member of said family members of the meeting, although he be one of the nearest relations. family meeting.

competent to be

SEC. 1495. If any relative of a minor, after having been legally summoned to compose a family meeting, shall fail to attend, he Penalty for fail shall be liable to a fine, at the discretion of the court issuing the ing to attend. summons, not exceeding twenty dollars, to be applied by the court towards defraying the expenses of convoking and holding such family meeting; which fine shall be collected in the same manner as those imposed on witnesses failing to attend, after having been regularly summoned.

friends may be

SEC. 1496. If any relative of a minor, after having been legally In what cases summoned to compose a family meeting, shall neglect to attend, the appointed in judge or notary, holding the meeting, shall have power to appoint place of rela friends to compose such family meeting, as in default of relations.

tives.

Notices may be

SEC. 1497. The notices delivered by the notary, in whose office the family meeting is to be held, to the members who are to compose delivered by noit, shall have the same effect, legally, as a summons served by the

sheriff.

taries.

under tutor to

SEC. 1498. Whenever an under tutor shall refuse to approve of the deliberations of a family meeting, or object to their homolo- Opposition of gation, the court shall decide whether the opposition is well founded, deliberations. and if not, the opposition shall be overruled, and the deliberations homologated, as if no opposition had taken place. When the court shall decide that the opposition of the under tutor is unfounded, and shall homologate the deliberations of the family meeting, the under tutor who shall have made the opposition, shall be exonerated from all responsibility. SEC. 1499. Family meetings, in all cases in which they are Art. 305, C. C., required by law, for the interest of minors or of other persons, must statute April 1, be composed of at least five relations, or, in default of relations, 1826, p. 162

as amended by

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